Madrasdated High Court · 2025

W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Writ Petitions filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the second respondent pertaining to the eviction notices dated 20.05.2025 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.For petitionerMr. T. Ramkumarin all WPsFor respondentsMr. T.K. Saravananin all WPsAdditional Government PleaderORDER[made by M.SUNDAR, J.]When the captioned 'writ petitions' [hereinafter 'WPs' for the sake of brevity] were taken up for hearing, Mr. T. Ramkumar, learned counsel for writ petitioners and Mr. T.K. Saravanan, learned Additional Government Pleader for all three respondents, submitted that the captioned WPs are directly and squarely covered by a common order dated 10.06.2025 made by this very Bench in W.P. Nos.19473, 19475, 19476, 19478, 19479, 19482, 19488 and 19490 of 2025 and W.M.P.Nos.21763, 21765, 21767, 21815, 21770, 21773, 21777 and 21780 of 2025 thereat which reads as follows:Page Nos.2/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.Nos.19473, 19475, 19476, 19478, 19479, 19482, 19488 & 19490 of 2025andW.M.P.Ns.21763, 21765, 21767, 21815, 21770, 21773, 21777 & 21780 of 2025J.VijayaW/o.Jayaraman... Petitioner in W.P.No.19473 of 2025G.KarnanS/o.Govindhasamy... Petitioner in W.P.No.19475 of 2025P.MahendranS/o.Periyasamy... Petitioner in W.P.No.19476 of 2025P.NadesanS/o.Periyasamy... Petitioner in W.P.No.19478 of 2025K.MahalingamS/o.Kannan... Petitioner in W.P.No.19479 of 2025L.TirupathiS/o.Lakshmanan... Petitioner in W.P.No.19482 of 2025Annadurai @ PerumalS/o.Periyasamy... Petitioner in W.P.No.19488 of 2025E.SivagamiW/o.Ehiraj... Petitioner in W.P.No.19490 of 2025vs.1.The District CollectorKrishnagiri DistrictKrishnagiri.Page Nos.3/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 20252.The TahsildharKrishnagiri TalukKrishnagiri District.3.The Village Administrative OfficerMittahalli - IKrishnagiri Taluk & District.... Respondents in all WPsWrit Petitions filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, calling for the records of the 2nd respondent, pertaining to the eviction notice dated 20.05.2025 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 issued to the petitioners and quash the same.For Petitioner in all WPsMr.T.RamkumarFor Respondents in all WPsMr.T.K.SaravananAddl. Government Pleader*****C O M M O N O R D E R[Order of the Court was made by M. SUNDAR, J.]Factual matrix in captioned eight 'Writ Petitions' {hereinafter 'WPs' for the sake of brevity, convenience and clarity} and captioned 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' for the sake of brevity, convenience and clarity} thereat is common.2. Mr.T.Ramkumar, learned counsel for writ petitioners expresses regret for missing the matter in the previous listing (to be noted, captioned matters are listed under the cause list caption 'FOR DISMISSAL'). However, learned counsel is ready to advance arguments.3. Mr.T.K.Saravanan, learned Additional Government Pleader for all three respondents is before us.4. After ploughing into the matters, we find that the same turn on a short point and therefore, with the consent of learned counsel on both sides main WPs were taken up and heard out.5. 'Eight separate notices / orders, all dated 20.05.2025 made by R2' {hereinafter 'impugned orders' collectively for the sake of brevity, convenience and clarity} have been called in question.6. Impugned orders have been made by R2 in exercise of powers under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}.Page Nos.4/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 20257. The short point urged by learned counsel for writ petitioners is impugned orders were preceded by notices under Section 7 of said 1905 Act but all notices under Section 7 of said 1905 Act were served on the respective writ petitioners only on 19.05.2025 (one day prior to impugned orders). It is also pointed out that Section 7 notices do not specify a date within which cause has to be shown.8. Responding to the aforementioned submission, learned State Counsel fairly submitted that impugned orders will be rolled back i.e., will stand withdrawn. This submission is recorded.9. We notice that Section 7 of said 1905 Act reads as follows:'7. Prior notice to person in occupation.- Before taking proceedings under section 6, the Collector or Tahsildar, or Deputy Tahsildar or Revenue Inspector or any authorized officer or any other officer specified by the State Government in this behalf (not being an authorised officer) (hereinafter referred to as the 'specified officer') as the case may be, shall cause to be served on the person reputed to be in unauthorised occupation of land being the property of Government a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against under section 6.Such notice shall be served in the manner prescribed in section 25 of the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864), or in such other manner as the State Government by rules or orders under section 8 may direct:Provided that no such notice shall be necessary in the case of any person unauthorisedly occupying any land, if he has been previously evicted from such land under section 6 or if he has previously vacated such land voluntarily after the receipt of a notice under section 5-B or under this section: Provided further that where the notice under this section is caused to be served by any Revenue Inspector or any specified officer, he shall require the person reputed to be in unauthorised occupation of the land to show cause against such notice to the Collector, Tahsildar or Deputy Tahsildar or authorised officer having jurisdiction, as the case may be, and shall also make a report in writing containing such particulars as may be specified in rules or orders made under section 8 to the Collector, Tahsildar or Deputy Tahsildar or authorised officer having jurisdiction, as the case may be.'Page Nos.5/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025{putting in a portion of extract in different font and underlining of same is by this Court for ease of reference}10. The language in which Section 7 of said 1905 Act is couched makes it clear that an opportunity should be given specifying a date within which cause should be shown by noticees. In the case on hand, without going into the question of date not having been specified, the very fact that Section 7 notices were served on noticees / writ petitioners only the previous day i.e., one day prior to impugned orders (19.05.2025) warrants interference qua impugned orders.11. The sequitur of narrative, discussion and in the light of what transpired in the hearing which has been captured supra, the following common order is made:(i) Impugned orders being orders dated 20.05.2025 made by R2 stand effaced;(ii) It is made clear that impugned orders are effaced owing to the stated position of the learned State Counsel and this means that this Court has not expressed any view or opinion on the merits of the matter;(iii) Learned counsel for writ petitioners, now submits that writ petitioners would respond to Section 7 notices within a fortnight from today i.e., on or before 24.06.2025. Scanned reproduction of Section 7 notices in 8 WPs are as follows:Section 7 notice in W.P.No.19473 of 2025:-Page Nos.6/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025To be noted, Section 7 notice issued to writ petitioner in W.P.No.19473 of 2025 is not available in the typed set of papers but Section 7 notice issued to writ petitioner in W.P.No.19490 of 2025 is annexed in the typed set of papers of W.P.No.19473 of 2025.Section 7 notice in W.P.No.19475 of 2025:-Page Nos.7/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.19476 of 2025:-Page Nos.8/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.19478 of 2025:-Page Nos.9/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.19479 of 2025:-Page Nos.10/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.19482 of 2025:-Page Nos.11/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.19488 of 2025:-Page Nos.12/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.19490 of 2025:-(iv) On writ petitioners responding to Section 7 notices, the same shall be considered and orders shall be made by R2 under Section 6 of said 1905 Act;Page Nos.13/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025(v) Section 6 orders shall be served on writ petitioners under due acknowledgement within five working days from the day on which orders are made;(vi) If writ petitioners do not respond to Section 7 notices within the aforementioned time frame i.e., on or before 24.06.2025, it is open to the respondents to proceed further as per the provisions of said 1905 Act.Captioned WPs are allowed in the aforesaid manner albeit with aforementioned observations and directives. Consequently, captioned WMPs thereat are disposed of as closed. There shall be no order as to costs.(M.S.J.,)(H.C.J.,) 10.06.2025'2.In the light of the aforesaid stated position, the following order is made.3.Factual matrix in captioned five 'Writ Petitions' {hereinafter 'WPs' for the sake of brevity, convenience and clarity} and captioned 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' for the sake of brevity, convenience and clarity} thereat is common.4.After ploughing into the matters, we find that the same turn on a short point and therefore, with the consent of learned counsel on both sides, main WPs were taken up and heard out.Page Nos.14/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 20255.'Five separate notices / orders, all dated 20.05.2025 made by R2 and served on the writ petitioners on 26.05.2025' {hereinafter 'impugned orders' collectively for the sake of brevity, convenience and clarity} have been called in question.6.Impugned orders have been made by R2 in exercise of powers under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}.7.The short point urged by learned counsel for writ petitioners is, impugned orders were preceded by undated notices under Section 7 of said 1905 Act but all notices under Section 7 of said 1905 Act were served on the respective writ petitioners only on 26.05.2025 i.e., on the day the impugned orders were served on writ petitioners. It is also pointed out that Section 7 notices do not specify a date within which cause has to be shown.Page Nos.15/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 20258.Responding to the aforementioned submission, learned State Counsel fairly submitted that impugned orders will be rolled back i.e., will stand withdrawn. This submission is recorded.9.We notice that Section 7 of said 1905 Act reads as follows:'7. Prior notice to person in occupation.- Before taking proceedings under section 6, the Collector or Tahsildar, or Deputy Tahsildar or Revenue Inspector or any authorized officer or any other officer specified by the State Government in this behalf (not being an authorised officer) (hereinafter referred to as the 'specified officer') as the case may be, shall cause to be served on the person reputed to be in unauthorised occupation of land being the property of Government a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against under section 6.Such notice shall be served in the manner prescribed in section 25 of the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864), or in such other manner as the State Government by rules or orders under section 8 may direct:Provided that no such notice shall be necessary in the case of any person unauthorisedly occupying any land, if he has been previously evicted from such land under section 6 or if he has previously vacated such land voluntarily after the receipt of a notice under section 5-B or under this section: Provided further that where the notice under this section is caused to be served by any Revenue Inspector or any specified officer, he shall require the person reputed to be in unauthorised occupation of the land to show cause against such notice to the Page Nos.16/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Collector, Tahsildar or Deputy Tahsildar or authorised officer having jurisdiction, as the case may be, and shall also make a report in writing containing such particulars as may be specified in rules or orders made under section 8 to the Collector, Tahsildar or Deputy Tahsildar or authorised officer having jurisdiction, as the case may be.'{putting in a portion of extract in different font and underlining of same is by this Court for ease of reference}10.The language in which Section 7 of said 1905 Act is couched makes it clear that an opportunity should be given specifying a date within which cause should be shown by noticees. In the case on hand, without going into the question of date not having been specified, the very fact that Section 7 notices were served on noticees / writ petitioners only on the day on which the impugned notices were served on the writ petitioners, i.e., 26.05.2025, warrants interference qua impugned orders.11.In the light of what transpired in the hearing which has been captured supra, the following common order is made:(i) Impugned orders being orders dated 20.05.2025 (served on 26.05.2025) made by R2 stand effaced;(ii) It is made clear that impugned orders are effaced owing to the stated position of the learned State Counsel and this means that this Court has not expressed any view Page Nos.17/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025or opinion on the merits of the matter;(iii) Learned counsel for writ petitioners, now submits that writ petitioners would respond to Section 7 notices within a fortnight from today i.e., on or before 11.07.2025. Scanned reproduction of Section 7 notices in 5 WPs are as follows: Section 7 notice in W.P.No.22890 of 2025:Page Nos.18/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.22897 of 2025:Page Nos.19/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.22900 of 2025:Page Nos.20/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.22903 of 2025:Page Nos.21/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025Section 7 notice in W.P.No.22910 of 2025:Page Nos.22/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025(iv) On writ petitioners responding to Section 7 notices, the same shall be considered and orders shall be made by R2 under Section 6 of said 1905 Act;(v) Section 6 orders shall be served on writ petitioners under due acknowledgement within five working days from the day on which orders are made;(vi) If writ petitioners do not respond to Section 7 notices within the aforementioned time frame i.e., on or before 11.07.2025, it is open to the respondents to proceed further as per the provisions of said 1905 Act.12.Captioned WPs are allowed in the aforesaid manner, albeit with aforementioned observations and directives. Consequently, captioned WMPs thereat are disposed of as closed. There shall be no order as to costs.(M.S., J.) (H.C., J.)26.06.2025cadPage Nos.23/24 https://www.mhc.tn.gov.in/judis W.P. Nos.22890, 22897, 22900, 22903 and 22910 of 2025M.SUNDAR, J.andHEMANT CHANDANGOUDAR, J.cadTo1.The District CollectorKrishnagiri DistrictKrishnagiri2.The ThasildarKrishnagiri TalukKrishnagiri District3.The Village Administrative OfficerMittahalli – IKrishnagiri Taluk & DistrictCommon order inW.P. Nos.22890, 22897, 22900, 22903 and 22910 of 202526.06.2025Page Nos.24/24